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Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such restoration measures shall be put in place:
(a) by 2030, on at least 30 % of the total area of groups 1 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15;
(b) by 2040, on at least 60 % and, by 2050, on at least 90 % of the area of each of the groups 1 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15;
(c) by 2040, on at least two thirds of the percentage referred to in point (d) of this paragraph of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15; and (d) by 2050, on a percentage, identified in accordance with Article 14(3), of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15. The percentage referred to in the first subparagraph, point (d), of this Article shall be set so as not to prevent good environmental status, as determined pursuant to Article 9(1) of Directive 2008/56/EC, from being achieved or maintained.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types in groups 1 to 6 listed in Annex II in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the favourable reference area for each group of habitat types, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

3. By way of derogation from paragraph 2 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member State concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.
4. If a Member State applies the derogation pursuant to paragraph 3 to specific habitat types, the obligation set out in paragraph 2 shall apply to the remaining additional surface needed to reach the favourable reference area of each group of habitat types listed in Annex II to which those specific habitat types belong.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

5. Member States shall put in place restoration measures for the marine habitats of species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in paragraphs 1 and 2 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
6. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 5 of this Article shall be based on the best available knowledge and the latest technical and scientific progress in determining the condition of the habitat types listed in Annex II to this Regulation and the quality and quantity of the habitats of the species referred to in paragraph 5 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC, Article 12 of Directive 2009/147/EC and Article 17 of Directive 2008/56/EC.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

7. Member States shall ensure that the condition is known of the following areas:
(a) by 2030, for at least 50 % of the area distributed over all habitat types in groups 1 to 6 listed in Annex II;
(b) by 2040, for all areas of the habitat types in groups 1 to 6 listed in Annex II;
(c) by 2040, for at least 50 % of the area distributed over all habitat types in group 7 listed in Annex II;
(d) by 2050, for all areas of the habitat types in group 7 listed in Annex II.
8. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved ecological coherence and connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 5 that occur in those habitat types.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

9. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 5 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 5, until the sufficient quality of those habitats is reached. Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

10. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex II to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 14 of this Article.
11. Outside Natura 2000 sites, the obligation set out in paragraph 9 shall not apply to deterioration caused by:
(a) force majeure, including natural disasters;
(b) unavoidable habitat transformations which are directly caused by climate change;
(c) a plan or project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or (d) action or inaction by third countries for which the Member State concerned is not responsible.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

12. Outside Natura 2000 sites, the obligation set out in paragraph 10 shall not apply to deterioration caused by:
(a) force majeure, including natural disasters;
(b) unavoidable habitat transformations which are directly caused by climate change;
(c) a plan or project of overriding public interest, for which no less damaging alternative solutions are available; or (d) action or inaction by third countries for which the Member State concerned is not responsible.
13. Within Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 9 and 10 is justified if it is caused by:
(a) force majeure, including natural disasters;
(b) unavoidable habitat transformations which are directly caused by climate change; or (c) a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

article  5

CELEX:  32024R1991

14. Member States shall ensure that there is:
(a) an increase of the area in good condition for habitat types of groups 1 to 6 of the habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;
(b) an increase of the area in good condition for habitat types of group 7 of the habitat types listed in Annex II until at least the percentage, referred to in paragraph 1, first subparagraph, point (d), is in good condition and until the favourable reference area for each habitat type in each biogeographical region of the Member State concerned is reached;
(c) an increasing trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and of the species falling within the scope of Directive 2009/147/EC.